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Planning appeal decision

Dismissed1 December 20233322964

10 East Street, BRIGHTON, BN1 1HP

Change of use of the space above the rear of an existing shop (Class E) to residential flats (C3) to create 2no 1b/2p flats

Authority
Brighton and Hove City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Gethin T

Main issues, as the Inspector framed them

  • Whether the living conditions of future occupiers of the proposed development would be sufficient, with particular regard to daylight and outlook for Flat 1 and daylight, outlook and privacy for Flat 2

What decided it

The significant harm arising from inadequate daylight, outlook and privacy for Flat 2's occupiers, which would not be remedied by available mitigation measures, outweighs the limited housing benefits of the scheme when assessed against the Framework taken as a whole.

The significant harm to living conditions for Flat 2's occupiers outweighed the relatively limited benefits of housing supply and sustainable location, such that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against the Framework, and the presumption in favour of sustainable development did not apply.

Framework references: 11

Plan policies cited: Policy DM1, Policy DM20

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.